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DAP Forums > DREAM Act > The Lounge

16 Years Old

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#1
12-31-2010, 12:05 AM
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EverHopeful
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Me and My Sister came with our parents when I was 14 and she was 6.

I'm way too old now for the whole "illegal or not" thing...but my sister isn't.
She's becoming 16 this coming March...

And I have been wondering...
I've heard if you go back before you turn 16, you won't be marked as illegal immigrant...and somehow you can get student visa and come back to US.

Is this actually possible, or is this whole "It's tactinically possible, but rarely (or never) actually hapeen" thing?

Because I heard although after 10 year ban... because of the record of illegal immigrant, you can apply for visa here, but it never get granted.

I really need to know this...so if anyone has some insight please help.
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#2
12-31-2010, 12:31 AM
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aguilan
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Your sister won't start accruing illegal presence until she's 18 and 1/2 years old. If she leaves on the day after she turns 18 and 1/2, she'll face the three-year-ban. Stay until she's a day over 19 and she gets the 10-year-ban.

Leaving before she's 19 and then returning on a non-immigrant visa isn't impossible, BUT she may have problems obtaining said visa. She will have to demonstrate that she will to return to her country of origin after she finishes her studies. Proving ties to her country of origin is going to be difficult especially if you and your parents are still in the US.

If your sister were younger I'd recommend having one of your USC relatives to adopt her so that she can citizenship ASAP, but as is she's almost 16. I'm not too well-informed about the adoption process, so here's a thread about adoption by a USC http://dreamact.info/forum/showthrea...light=adoption
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#3
12-31-2010, 04:47 AM
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Quote:
Originally Posted by aguilan View Post
Your sister won't start accruing illegal presence until she's 18 and 1/2 years old. If she leaves on the day after she turns 18 and 1/2, she'll face the three-year-ban. Stay until she's a day over 19 and she gets the 10-year-ban.

Leaving before she's 19 and then returning on a non-immigrant visa isn't impossible, BUT she may have problems obtaining said visa. She will have to demonstrate that she will to return to her country of origin after she finishes her studies. Proving ties to her country of origin is going to be difficult especially if you and your parents are still in the US.

If your sister were younger I'd recommend having one of your USC relatives to adopt her so that she can citizenship ASAP, but as is she's almost 16. I'm not too well-informed about the adoption process, so here's a thread about adoption by a USC http://dreamact.info/forum/showthrea...light=adoption
okay, so right now i just turned 18 well before the half mark.
does this mean that i could leave and only get a three year ban as opposed to the ten year ban?
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#4
12-31-2010, 05:11 AM
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I would leave before 18.5 and avoid the 10 year ban
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#5
12-31-2010, 05:14 AM
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Quote:
Originally Posted by justgio View Post
okay, so right now i just turned 18 well before the half mark.
does this mean that i could leave and only get a three year ban as opposed to the ten year ban?
You're not 18 and 1/2 yet, right? If you leave now, you won't get a ban at all since you haven't accrued 180 days of unlawful presence in the US. Once you're 18 and 1/2 (180 days after your 18th birthday) you get the 3-year ban.

http://www.usimmigrationlawyers.com/...ul-presence-us

Someone correct me if I'm wrong because I always get this one mixed up.
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Last edited by aguilan; 12-31-2010 at 05:20 AM.. Reason: ugh grammar
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#6
12-31-2010, 05:25 AM
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Quote:
Originally Posted by aguilan View Post
You're not 18 and 1/2 yet, right? If you leave now, you won't get a ban at all since you haven't accrued 180 days of unlawful presence in the US. Once you're 18 and 1/2 (180 days after your 18th birthday) you get the 3-year ban.

http://www.usimmigrationlawyers.com/...ul-presence-us

Someone correct me if I'm wrong because I always get this one mixed up.
yeah i'm not 18 and 1/2
so does this mean that there's at least a small chance of re-entering in the future?
my plan would be to go to college finish my studies
get a job and then re-apply for a visa?
(maybe student/work visa would be best.)
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#7
12-31-2010, 05:36 AM
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Quote:
Originally Posted by justgio View Post
yeah i'm not 18 and 1/2
so does this mean that there's at least a small chance of re-entering in the future?
my plan would be to go to college finish my studies
get a job and then re-apply for a visa?
(maybe student/work visa would be best.)
Yes, there's always a chance that you can enter the US again on an immigrant or non-immigrant visa. Keep in mind, though, that due to your immigration history here that you may not be granted any kind of visa at all. That's the worst case scenario.
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-Peter Manseau
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#8
12-31-2010, 05:40 AM
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Quote:
Originally Posted by aguilan View Post
Yes, there's always a chance that you can enter the US again on an immigrant or non-immigrant visa. Keep in mind, though, that due to your immigration history here that you may not be granted any kind of visa at all. That's the worst case scenario.
oh okay thanks for the help!
and i guess i should start packing! haha
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#9
12-31-2010, 08:07 AM
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Quote:
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oh okay thanks for the help!
and i guess i should start packing! haha
No problem!

Do what you think is best for you, but first consider the risks of going back to your country of origin. I've already left, but unlike some of the posters here the country I returned to was relatively stable and I'm living a relatively comfortable life.

I wish you the best. I wish that none of us on DA had to even consider leaving the US for another country, but sometimes it's just necessary.
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-Peter Manseau
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#10
12-31-2010, 02:47 PM
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Quote:
Originally Posted by aguilan View Post
No problem!

Do what you think is best for you, but first consider the risks of going back to your country of origin. I've already left, but unlike some of the posters here the country I returned to was relatively stable and I'm living a relatively comfortable life.

I wish you the best. I wish that none of us on DA had to even consider leaving the US for another country, but sometimes it's just necessary.
yeah it's a very hard decision to make and well to be honest i really don't
think that the DA would pass in these upcoming two years ):
well, i'm moving to mexico - mazatlan, sinaloa to be more exact but to what family
tells me, it's not as dangerous as some of the other vicinities.
where did you move to?
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